Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 03 FEBRUARY 2026

How Do I Implement An EMI Share Option Plan?

Shepherd and Wedderburn
Shepherd and Wedderburn
Contributor
Shepherd and Wedderburn

Shepherd and Wedderburn

We are an independent law firm, headquartered in Scotland, delivering high-quality legal advice and...

View firm profile
Explore more from Shepherd and Wedderburn

Before the festive season our Enterprise Management Incentive (EMI) series looked at the changes to EMI plans brought in by the Autumn Budget; the benefits that an EMI plan can have for businesses and employees...

United KingdomCorporate/Commercial Law
Gavin Charlton
Gavin Charlton
Author LinkedIn connections

How do I implement an EMI share option plan?

Before the festive season our Enterprise Management Incentive (EMI) series looked at the changes to EMI plans brought in by the Autumn Budget; the benefits that an EMI plan can have for businesses and employees; and some of the most common areas in which businesses make mistakes. If you are considering an EMI plan or have already decided your business should implement one, you might now be wondering how you can set up this kind of plan. In this article we guide you through the steps and highlight why it is important to get them right.

Eligibility

The eligibility requirements for companies implementing an EMI plan are contained in Schedule 5 Income Tax (Earnings and Pensions) Act 2003 (“ITEPA”). As well as this, companies – or their representatives – can and should seek advance assurance from HMRC. Advisers such as share plan lawyers can assist with this.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Takeover Trends In 2026

The UK public M&A market in 2026 has already surpassed 2025's total value in just eight months, driven by large-cap deals and a quest for transformational scale. Hostile tactics have become increasingly prominent as bidders appeal directly to shareholders amid persistent valuation gaps, while target boards leverage pre-offer processes to maximize value. This analysis examines the key trends, strategic themes, and tactical developments shaping this remarkable year for UK takeovers.
United KingdomCorporate/Commercial Law
Slaughter and May
Slaughter and May
Article

The National Security And Investment Act 2021: Five Years On – What You Need To Know

The National Security and Investment Act 2021 (NSIA) came into force on 4 January 2022, creating a standalone regime giving the UK Government broad powers to scrutinise – and potentially intervene in – acquisitions and investments on the grounds of protecting national security. Nearly five years on, the NSIA regime is well established. It replaced the national security aspects of the UK Government’s intervention powers under the Enterprise Act 2002 and operates alongside the UK merger control regime.
United KingdomCorporate/Commercial Law
Fox Williams LLP
Fox Williams LLP
Article

Parliament’s Position On SFDR 2.0

The European Parliament's Committee on Economic and Monetary Affairs has adopted its position on the Sustainable Finance Disclosure Regulation reform, establishing key divergences with the European Commission and Council on professional investor exemptions and fossil fuel investment criteria. With trilogue negotiations set to begin in October 2026, private markets managers face critical decisions about how to position their funds under the new three-category framework expected to take effect in early 2029.
United KingdomCorporate/Commercial Law
Proskauer Rose LLP
Proskauer Rose LLP
Article

Corporate Update Bulletin - 3 September 2026

This Corporate Update bulletin examines the most significant UK legal developments of 2026, from capital markets reform and employment rights legislation to corporate criminal liability expansion and competition regime changes. The analysis covers ten major areas of corporate law evolution, alongside recent FCA guidance on regulatory announcements and a High Court decision on shareholder-director settlements.
United KingdomCorporate/Commercial Law
Slaughter and May
Slaughter and May
Article

Spotlight On Agentic AI | Liability

As businesses increasingly deploy agentic AI systems capable of autonomous decision-making and actions, questions arise about supplier liability when AI agents malfunction or produce unexpected results. This article examines the contractual frameworks governing agentic AI relationships, revealing how standard IT contracts may inadequately address the unique risks of autonomous AI systems and exploring strategies for customers to better protect themselves against potential losses from AI agent failures.
United KingdomCorporate/Commercial Law
Bristows LLP
Bristows LLP
Article

Manchester City: Independent Commission Publishes Decision On Premier League Charges

An independent Premier League Commission has found Manchester City in breach of financial rules spanning nine seasons, with findings that the club artificially inflated revenues and reduced costs by over £900 million. The decision marks what the Premier League describes as the most significant case in its history, though Manchester City strongly disputes the findings and intends to appeal, setting the stage for further proceedings that could reshape English football's regulatory landscape.
United KingdomCorporate/Commercial Law
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Section 431 Elections – What Are They And What Are The Tax Benefits?

When employers grant restricted securities to employees, understanding section 431 elections can significantly impact tax liabilities for both parties. This article examines how these elections work, the strict 14-day filing deadline, and demonstrates through detailed calculations why choosing to make this election could save substantial amounts in income tax and national insurance contributions.
United KingdomTax
Shepherd and Wedderburn
Shepherd and Wedderburn
Article

FIFA World Cup 2026: Can English And Scottish Clubs Sign The Tournament’s Breakout Stars?

With the FIFA World Cup 2026 featuring a record 48 nations, clubs are eyeing emerging talent for summer transfers. However, standout performances alone don't guarantee that foreign players can sign with English or Scottish clubs—they must navigate complex visa requirements and governing body endorsement criteria. Understanding these regulatory pathways, from points-based assessments to discretionary exceptions, is just as crucial as identifying talent on the pitch.
GlobalImmigration
Shepherd and Wedderburn
Shepherd and Wedderburn